2.(a) Whether Carl, the Pastafarian, can make a discrimination claim depends on whether he is covered by a protected characteristic. Section 10 of The Equality Act 2010 protects employees from being discriminated in relation to their religion or belief. Religion means any religion and lack of, and belief means any religious or philosophical belief and lack of . These terms are not clearly defined in the Act; therefore, it is at the discretion of the tribunals and higher courts to decide. They will consider factors such as collective worship, clear belief system a profound belief affecting the way of life . Hence, Pastafarianism could potentially be held as a religion. If the courts hold it to be legitimate then Carl will be covered by the protected
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An employer may have to change any provisions, criterions or practices that are currently applied, make physical changes to the workplace or provide additional aids or support . An example of an adjustment is to allow someone who needs to take medication extra breaks to do so. What is considered reasonable in the circumstance is held by an objective test. An example of what is relevant when deciding if an employer was reasonable or not was stated in O’Hanlon v Commissioners for HMRC where is was held that the size and financial assets of the employer should be considered. Another example is in Chief Constable of Lancashire Police v Weaver where it was held that the operational needs of the employer, the interests of other employees and the availability of other work should also be considered. Further, in the case of Kenny v Hampshire Constabulary it was established that an employer did not need to make any adjustments that did not relate to the performance of the work. Consequently, because Jessica is disabled she is permitted to have reasonable adjustments made for her. An example of an adjustment that could be made is adding ramps to the office, however since the firm Jessica is applying for is small it would not be reasonable for her potential employer to make adjustments that extend past the firm’s financial resources. Another …show more content…
Sections 64-80 of The Equality Act 2010 provide protections on the grounds of equal pay and contractual discrimination. The sex equality clause prevents any term in a women’s contract from being less favourable then a man’s, and vice versa . To make a claim upon this clause then the employee must have a ‘comparator’ who works for the ‘same employer’ and whose work is considered ‘equal’. There are three types of equal work: like work, work rated as equivalent and work of equal value. In the case Brierley v Asda Manchester Employment Tribunal it was held that females at Asda checkouts could compare themselves against males in the Asda warehouses as they are both equal value to Asda. Other jobs which have been ruled equal value by the courts are clerical assistants with warehouse operatives and school nursery nurses with local government architectural technicians . Lesley has a comparator – her husband, who works for the same employer as her. Further, their work can be considered equal under ‘work of equal value’ as they both work for the same employer and their jobs impose demands of equal value in terms of: effort involved, training required, work conditions and decision making responsibilities . Also, they are both of equal value to the
An employer may have to change any provisions, criterions or practices that are currently applied, make physical changes to the workplace or provide additional aids or support . An example of an adjustment is to allow someone who needs to take medication extra breaks to do so. What is considered reasonable in the circumstance is held by an objective test. An example of what is relevant when deciding if an employer was reasonable or not was stated in O’Hanlon v Commissioners for HMRC where is was held that the size and financial assets of the employer should be considered. Another example is in Chief Constable of Lancashire Police v Weaver where it was held that the operational needs of the employer, the interests of other employees and the availability of other work should also be considered. Further, in the case of Kenny v Hampshire Constabulary it was established that an employer did not need to make any adjustments that did not relate to the performance of the work. Consequently, because Jessica is disabled she is permitted to have reasonable adjustments made for her. An example of an adjustment that could be made is adding ramps to the office, however since the firm Jessica is applying for is small it would not be reasonable for her potential employer to make adjustments that extend past the firm’s financial resources. Another …show more content…
Sections 64-80 of The Equality Act 2010 provide protections on the grounds of equal pay and contractual discrimination. The sex equality clause prevents any term in a women’s contract from being less favourable then a man’s, and vice versa . To make a claim upon this clause then the employee must have a ‘comparator’ who works for the ‘same employer’ and whose work is considered ‘equal’. There are three types of equal work: like work, work rated as equivalent and work of equal value. In the case Brierley v Asda Manchester Employment Tribunal it was held that females at Asda checkouts could compare themselves against males in the Asda warehouses as they are both equal value to Asda. Other jobs which have been ruled equal value by the courts are clerical assistants with warehouse operatives and school nursery nurses with local government architectural technicians . Lesley has a comparator – her husband, who works for the same employer as her. Further, their work can be considered equal under ‘work of equal value’ as they both work for the same employer and their jobs impose demands of equal value in terms of: effort involved, training required, work conditions and decision making responsibilities . Also, they are both of equal value to the